The city's mayor, Chad Foster, serves as chairman of the Texas Border Coalition. The coalition consists of several border mayors, business officials and residents, and has been fighting the Homeland Security Department's border fence construction plans.

Members say the agency has failed to sufficiently consider concerns about the effects on environment, residents' property and the binational way of life along the border and ignored local officials' suggestions for alternatives.

The lawsuit against Eagle Pass is the first of 102 lawsuits expected to be filed in the fight over a border fence.

Ames said he did not have a copy of the lawsuit.

Homeland Security had warned private landowners in Texas, California and New Mexico last month that it would sue if not given access to property. The agency has said it needs the access to find the best places to build the fence or to set up other border security.

Some have granted access, but several landowners ignored the warning. Some have threatened their own legal action.

Homeland Security is trying to build 370 miles of border fence by the end of the year. A total of 700 miles of fence was mandated by a 2006 law signed by President Bush and supported by both Texas senators.

The senators have lobbied for more input from local officials, and Sen. Kay Bailey Hutchison, R-Texas, softened the law's language in a bill signed by Bush last month.